Legal Question in Bankruptcy in Florida

Mortgage Reaffirmation

I was discharged from Chapter 7 in July of 1999.All has been smooth until I stopped receiving a monthly payment notice from my mortgage holder ( a very large national financial institution) several months ago.

I called them last week and the man I spoke with took the information.

Today I received a letter from them which stated ''you received a discharge in a Chapter 7 bankruptcy case. In addition you did not reaffirm your loan with xxxx Mortgage. As a result you have no personal liability to pay this account, and xxxx Mortgage is unable to send you regular monthly billing notices.''

They enclosed a ''Statement Request Form'' and stated that if I signed it and returned it to them they would resume sending me monthly statements.

Both the letter and the form reiterate that I have no personal liability, and that they are not attempting to recover or collect from me personally.

I am confused by this and am not sure if I should sign the form or what is meant by them stating I have no personal liability. Can you explain?


Asked on 8/15/02, 4:25 pm

1 Answer from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Mortgage Reaffirmation

Bottom line, if you want to keep the property you have to pay the mortgage. Right now the only way for them to collect is against the property. If you sign the form they then can look to the property and to you. I urge you have a consultation with competent counsel so you fully understand your options.

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Answered on 8/15/02, 7:16 pm


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